APPLICATION FOR MEMBERSHIP

Transcription

1 DATE RECEIVED:..././. DATE ACCEPTED/REJECTED:././. CONFIRMATION SENT:././. APPLICATION FOR MEMBERSHIP PLEASE READ THESE EXPLANATORY NOTES CAREFULLY. EXPLANATORY NOTES (1) As a member of the South Australian Bar Association Inc (SABA), you undertake to practice exclusively as counsel (or if not seeking membership as a practising barrister, you undertake not to practice as a solicitor). (2) The categories of membership 1 for which application may be made are as follows: (a) Ordinary members (intended members holding a current South Australian Practising Certificate and intending to practice exclusively as counsel at the independent bar); (b) Bar Reader Members (a barrister who has agreed or agrees to become an ordinary member of SABA and is a Bar Reader); 1 A full description of the rights of each category of membership is set out in the SABA Constitution, which is available at the SABA website: (Applicant s Name). (Applicant s Signature)

2 2 (c) Interstate members (intended interstate members holding a current Interstate or Territory Practising Certificate and intending to practice exclusively as counsel at the independent bar and currently practising as counsel at the independent bar in one or more other Australian jurisdictions); (d) International members (refer SABA constitution article 5E) (e) Life members (refer SABA constitution article 8A) (f) Honorary members (refer SABA constitution article 9) (3) This is not an application to practice as a barrister. It is an application for membership of SABA and, except in the case of international members, to practice as a member of SABA. 2 (4) Admission to Ordinary Membership is subject to completion of the Bar Readers Course unless a full (Section E) or partial (Section F) exemption is granted by the Bar Council. (5) Applications for admission to Interstate Membership may be subject to completion of the Bar Readers Course or part thereof in the exercise of the discretion of the Bar Council. (6) You should inspect the Bar Readers Handbook 3 prior to completion of Sections D-F. The Handbook sets out the coursework and advocacy training which comprise the Bar Readers Course. Applicants for partial exemption (Section F) should identify specific seminars, tasks or activities that they seek to be exempted from by reference to the matters set out in the Handbook. (7) Please consider the category of membership you are applying for before completing and signing each page of this application form: Section A Application for membership - All categories; to be completed by ALL applicants 2 3 Every admitted practitioner holding a relevant Practising Certificate under the Legal Practitioners Act 1981 (SA) is entitled to practice (subject to any limitations imposed on his or her Practising Certificate) as a barrister, solicitor or both barrister and solicitor Available at the SABA website or upon attendance at the Chambers of the Secretary of the Membership Committee or at the office of the Secretariat of SABA.

3 3 Section B Section C Section D Section E Section F Section G Section H Applications for bar reader, ordinary and interstate membership and to sign the Bar Roll 4 ; SABA Group Disability Insurance Scheme - to be completed by applicants for Bar Reader, Ordinary and interstate membership; Application to undertake the Bar Readers Course; Application for full exemption from undertaking the Bar Readers Course; Application for a partial exemption from components of the Bar Readers Course; Declarations - to be completed by applicants for international membership; Declarations - to be completed by ALL applicants (8) Membership of SABA is at all times conditional upon payment, within 30 days of being invoiced by SABA, of (a) An annual subscription fee in an amount as may be determined from time to time in accordance with the SABA Constitution; and (b) In the case of members other than interstate members 5, international members, life members and honorary members a subscription fee in an amount as may be determined from time to time. (c) the proportion of premium due under the terms of the SABA Group Disability Insurance Scheme unless the intending member applies to opt out of the scheme when applying for membership. (9) This application MUST be completed in writing and delivered to The Secretary, Membership Committee, South Australian Bar Association Inc, GPO Box 2247, Adelaide SA 5001 or by electronic transmission to sabar@sabar.org.au. 4 5 The Bar Roll is not the Roll of Admitted Practitioners and the South Australian Bar Association Inc. is not an admitting authority within the meaning of the Legal Practitioners Act 1981 Interstate members are nevertheless eligible to pay the relevant premium and to join the SABA Group Disability Scheme.

4 (10) Membership/subscription fees (fees are inclusive of GST) are as follows: 6 4 Ordinary Members Silks $1, Barrister, being a Legal Practitioner of 5 or more years standing $ Barrister, being a Legal Practitioner of less than 5 years standing $ Bar Readers Members (in Reading Year) $ Interstate Members $ International Members A$ Life and Honorary Members (Gratis) (11) SABA Group Disability Insurance Scheme (Please check eligibility requirements at: (a) The SABA Group Disability Insurance Scheme is underwritten by Suncorp Insurance Ltd. It provides for the payment of a benefit on death or in the event of a member becoming totally and permanently disabled. The proportion of premium levied in respect of each member is calculated only by reference to the age and gender of the member. Cover is extended to eligible members irrespective of preexisting medical conditions and no medical examination is required. The Scheme provides a level of cover that may not be available to members on an individual basis (e.g. age ceilings and gainfully employed requirements apply). Premium contributions are significantly discounted to comparable insurance products available in the market on an individual basis. Full details of the scheme including the proportion of premium payable by reference to a member s age and gender are available on the SABA website. 6 These fees are current as at 31 December 2014.

5 5 (b) Barristers admitted to ordinary membership of SABA will thereupon be admitted to the SABA Group Disability Insurance Scheme and liable for payment of premium contribution unless the barrister gives notice in this application form to opt out (refer Section C of this application form). (c) The SABA Group Disability Insurance Scheme is subject to a minimum participation level and SABA reserves the right to refuse admission to ordinary membership in the case of a prospective member seeking to opt out of the scheme in the absence of reasons acceptable to the Bar Council. However persons aged 55 or more may opt out of the scheme at any time. (d) Barristers applying for interstate membership wishing to join the SABA Group Disability Insurance Scheme are required give notice of election to be included in the scheme when applying for membership of SABA (refer Section B). International members are not eligible to participate in the scheme if they are not an Australian citizen or do not hold an appropriate Australian visa. Applicants for life or honorary membership should consider whether they meet eligibility requirements and whether they wish to be considered for inclusion in the Scheme. (e) Being a group disability scheme, SABA is invoiced a single premium by the scheme underwriter each financial year. The scheme underwriter does not invoice individual members. SABA invoices each member for his or her proportion of premium payable under the Scheme by way of a levy when membership renewal falls due. (f) SABA is liable to penalties if the premium is not paid on time and therefore relies its members making timely payment when subscriptions fall due. (12) Subscripted SABA members will be liable to SABA for interest to be charged on annual subscriptions (and if applicable the SABA Group Disability Insurance Scheme levy) outstanding 30 days or more after they respectively fall due. Interest will be charged at the rate of 10% per annum on the amount outstanding from the due date.

6 6 (13) SABA members whose subscriptions (including any SABA Group Disability Insurance Scheme levy) have been outstanding for in excess of 60 days may be liable to being removed or suspended from membership of the Association unless special hardship is demonstrated to the reasonable satisfaction of the Bar Council. (14) Intending members (other than Interstate, international, life and honorary members) should secure a place in chambers or implement a formal source of professional support before commencing practice at the bar. PLEASE CONTACT THE SECRETARY OF THE MEMBERSHIP COMMITTEE SHOULD YOU REQUIRE FURTHER INFORMATION TO COMPLETE THIS APPLICATION. Issued by: Membership Committee CONTACT DETAILS Membership Inquiries: Secretary (MC): Ms Rose Marie Read C/- Angas Chambers Lower Level, 37 Angas Street ADELAIDE SA 5000 Phone: angaschambers@gmail.com Bar Readers' Course Inquiries: Course Coordinator: Ms Nicola Julius bre.assistant@sabar.org.au Applications: By post: By The Secretary, Membership Committee South Australian Bar Association Inc GPO Box 2247 ADELAIDE SA 5001 sabar@sabar.org.au

7 7 SECTION A: APPLICATION FOR MEMBERSHIP (ALL Applicants) Name & Contact Details *Full Name Current Address *Business Telephone Mobile Telephone Fax Admission and standing details *Date & Place first admitted as a legal practitioner Date admitted as a legal practitioner in South Australia (if applicable) [ ] Senior or Queen s Counsel (date of appointment: / / ) [ ] Legal Practitioner < 5 or less years standing [ ] Legal Practitioner > 5 or more years standing [ ] Bar Reader [ ] Retired Judicial Officer/Retired Barrister (delete as applicable) (date of retirement:.. /../ ) [ ] Other (details:.) Category of Membership sought (tick one): [ ] Ordinary member [ ] Bar Reader member [ ] Interstate membership (Home State/Territory:.) [ ] International member (Country:.) [ ] Life member [ ] Honorary member * [Automatic inclusion on website unless opt out]

8 8 Additional Information (Optional)... (If there is insufficient space on this Form, attach as annexure A any additional information) 1. I request that regard be had to the following referee(s): (1).. (2)..

9 9 SECTION B: APPLICATIONS FOR BAR READER, ORDINARY OR INTERSTATE MEMBERSHIP (AND, WHERE APPLICABLE, TO SIGN THE BAR ROLL). Important Notes (Refer SABA Constitution, Articles 3(c), 4(a), 5A & 5C) 1. Where an applicant is admitted to Bar Reader Membership he or she will be taken to have applied for Ordinary membership. A bar reader member will have ordinary membership conferred upon successful completion of the Bar Readers Course, and only then will be entitled to sign the Bar Roll. 2. Where an applicant is admitted to interstate membership subject to a requirement to complete all or a part of the Bar Readers Course, that member will only be entitled to sign the Bar Roll upon successful completion of that requirement. *(Intended) Address for Practice at Bar. (Intended) Date of Commencement at Bar * [Automatic inclusion on website unless opt out]

10 10 Declarations 1. Do you hold a current unrestricted South Australian Practising Certificate? (if yes, please attach a copy) 2. Do you hold a current unrestricted Interstate or Territory Practising Certificate (if yes, please attach a copy and specify State/Territory..) 3. Have you read, understood and do you undertake to be bound by the Barristers Conduct Rules as amended from time to time? 4. If accepted as a member of SABA do you undertake to practice exclusively as counsel? 5. Do you agree to advise SABA in writing within 30 days in the event of your ceasing to practice exclusively as Counsel? 6. Have you ever been struck off or suspended from the roll of practitioners admitted to practice in any jurisdiction in Australia? If yes, please give details: 7. Do you agree to advise SABA within 7 days if you are either struck off or suspended from the role of practitioners admitted to practice in any jurisdiction in Australia?

11 8. Is there present limitation on your right to practice the law in this State, Interstate or within the Commonwealth of Australia (other 11 than identified under the Practising Certificate Details above)? If yes, please give details: 9. Are you an undischarged bankrupt or subject of a Part IX debt or Part X personal insolvency agreement? If yes, please give details: 10. Do you agree to advise SABA within 7 days if you become an undischarged bankrupt or subject of a Part IX debt or Part X personal insolvency agreement? 11. Are you presently subject to any professional disciplinary action or proceedings, or aware of any reason to suspect that any professional disciplinary action or proceedings might be taken against you? If yes, please give details:

12 12. Do you agree to advise SABA immediately upon becoming aware of any professional disciplinary action or proceedings being taken 12 against you? 13. Are you aware of any reason for imposing any limitation upon your right to practice law in this State, Interstate or within the Commonwealth of Australia? 14. Do you undertake that, by becoming and remaining a member of SABA, you are agree to become and remain a member of the Australian Bar Association (if not already a member) and that you shall thereby be subject to the constitution of the Australian Bar Association (Article 5(c)(iv))? 15. Do you undertake that if you cease to be a member of SABA you shall thereby cease to be a member of the Australian Bar Association (if you are not otherwise a member of the Australian Bar Association) (Article 5(c)(v))?

13 13 SECTION C: SABA GROUP DISABILITY INSURANCE SCHEME (Australian Residents or visa holders only - (specific eligibility requirements detailed at: *Gender: Male Female (circle as appropriate) *Date of Birth: /../ (*This information is required for determining the proportion of premium payable under the SABA Group Disability Insurance Scheme for a member) I wish to opt out of the SABA Group Disability Insurance Scheme If yes, please give reasons (if insufficient space attach as annexure C1 ): (Note: SABA reserves the right to refuse admission to ordinary membership in the case of a prospective member seeking to opt out of the scheme in the absence of reasons acceptable to the Bar Council.) Applications for Interstate (and Life or Honorary) membership only: I wish to participate in the SABA Group Disability Insurance Scheme? I am already covered under an equivalent Bar Association Group Disability Insurance Scheme in my home State/Territory? If yes, please give details (if insufficient space attach as annexure C2 ):.

14 14 Declarations relating to Section C 1. Do you acknowledge that your membership of SABA may be cancelled or suspended in the event of your failure to pay within 60 days of being invoiced, any premium contribution due pursuant to the SABA Group Disability Insurance Scheme (unless you have made prior arrangements in writing for payment on terms acceptable to SABA)? 2. Do you acknowledge that in addition to the cancellation or suspension of your membership of the Association, SABA may recover the unpaid premium from you as a debt together with interest at the rate of 10% per annum on any of your contribution to the premium due under the SABA Group Disability Insurance Scheme as may be outstanding more than 30 days?

15 SECTION D: APPLICATION TO UNDERTAKE THE BAR READERS COURSE (ordinary membership, bar reader membership, and interstate membership only) 15 EXPLANATORY NOTES: (1) This section must be completed by the above membership applicants unless an application for a full exemption is being made (Refer Section E). (2) Acceptance to undertake the Bar Readers Course is at the absolute discretion of the SABA Bar Council. (3) Applicants are not entitled to receive reasons for acceptance or rejection of this Application. (4) Acceptance to the Bar Readers Course does not constitute any promise of a position in the Chambers of the Mentor or at the Independent Bar. (5) Vacancies in Chambers at the Independent Bar arise on an ad hoc basis, not necessarily regularly. Any application to become a member of Chambers must be directed to the head of the relevant Chambers. Acceptance as a member of a particular Chambers is a competitive process and is not guaranteed no matter the experience, qualities or abilities of the applicant. (6) SABA does not warrant that an applicant that successfully completes the Bar Readers Course will succeed in practice at the Independent Bar as this is a competitive process and is not guaranteed no matter the experience, qualities or abilities of the applicant Prior legal experience (Complete all where applicable - If there is insufficient space, attach as annexure D1 ) Barrister..years from to Solicitor years from to Judge s Associate... years from to Law Lecturer.. years from to Police Prosecutor... years from to Other legal work (specify nature). years from to Selection of a Mentor

16 16 To assist the selection of a suitable Mentor, attach as annexure D2 the areas of practice in which you are interested and the Chambers or members of Chambers that or whom may be suitable. Declaration 1. Have you had the opportunity to inspect the Bar Readers Handbook prior to completion of this Application and are you aware of the coursework required to complete the Bar Readers Course? 2. If accepted into the course, do you agree to pay the Course fee 7 as may be determined by the Council of SABA on the basis that it will be refundable: As to 100% in the event that you withdraw from the Course more than 28 days prior to its commencement; As to 90% in the event that you withdraw from the Course less than 28 days prior to its commencement; 3. but that no amount will be refundable (except in the absolute discretion of the Bar Council) if you withdraw after commencement of the Course? 4. Will you make yourself available to undertake the work required for the satisfactory completion of the Course (or agreed part thereof where any partial exemption is sought and approved)? 7 Which was last fixed at $6, including GST for Of this sum, $2, is the Course fee and $3, was the Essential Trial Advocacy Fee.

17 5. Do you agree to use your best endeavours to complete the Course in the year of commencement and do you acknowledge that this may include completion of the Essential Trial Advocacy Course interstate, the travel component of which is not within the 17 prescribed Course fee and will be at your own expense? 6. Do you acknowledge that if you do not complete the Course within the Year of commencement, your ability to complete the Course, including whether to recommence the Course, or the components of the Course to be completed or repeated, will be at the absolute discretion of the Membership Committee of SABA, but subject to review by the Bar Council of SABA?

18 18 SECTION E: FULL EXEMPTION IN EXCEPTIONAL CIRCUMSTANCES (Applications for ordinary or interstate membership, only) EXPLANATORY NOTES (1) Except in the case of applicants for interstate membership who have successfully completed an equivalent bar readers course in their State or Territory of origin, or have long standing and widely recognised advocacy credentials in such place, acceptance of an application for exemption from undertaking the Bar Readers Course will only be granted in exceptional circumstances. (2) Exemption from the requirement to complete the Bar Readers Course is, notwithstanding the above, at the absolute discretion of the Membership Committee of SABA, but subject to review by the Bar Council of SABA. (3) Applicants are not entitled to reasons for acceptance or rejection of applications for exemption. (4) An exemption will only be granted before 31 May prior to the commencement of the Bar Readers Course in each year. Application I apply for an exemption from undertaking the WHOLE of the Bar Readers Course The GROUNDS upon which I seek exemption are as follows: (If there is insufficient space on this Form, attach as annexure E your additional response) In support of this application for exemption, I request that regard be had to the following reference(s)/referee(s) (1) (2)

19 SECTION F: PARTIAL EXEMPTION IN EXCEPTIONAL CIRCUMSTANCES (Applications for bar reader, ordinary or interstate membership, only) 19 EXPLANATORY NOTES (1) Except in the case of applicants for interstate membership who have successfully completed an equivalent bar readers course in their State or Territory of origin, or have long standing and widely recognised advocacy credentials in such place, acceptance of an application for exemption from undertaking any component of the Bar Readers Course will only be granted in exceptional circumstances. (2) Exemption from the requirement to complete the Bar Readers Course is, notwithstanding the above, at the absolute discretion of the Membership Committee of SABA, but subject to review by the Bar Council of SABA. (3) Applicants are not entitled to reasons for acceptance or rejection of applications for exemption. (4) An exemption will only be granted before 31 May prior to the commencement of the Bar Readers Course in each year. Application I apply for an exemption from undertaking specific component(s) of the Bar Readers Course The SPECIFIC EXEMPTIONS that I seek and the GROUNDS upon which I seek such exemptions are as follows: (set out the component(s) for which you are seeking exemption and the grounds on which you seek exemption in respect of each such component with reference to the course handbook and any appendices re syllabus and sessions conducted)...

20 If there is insufficient space on this Form, attach as annexure F your additional response) In support of this application for exemption, I request that regard be had to the following referee(s) (1) (2)

21 SECTION G: FURTHER DECLARATIONS (International members only) Do you hold a relevant certification to practice law in any country outside Australia? If yes please attach copy of such certification or any other relevant documentation and give relevant details including any details demonstrating that you are practising exclusively as independent counsel (or international equivalent) (If there is insufficient space on this Form, attach as annexure G your additional response): 2. Do you hold a current Practising Certificate for any jurisdiction within Australia? (if yes, please attach a copy) If yes please provide details: Do you undertake not to practice law in any jurisdiction in Australia so long as you remain an international member of SABA except as is lawfully permitted by the Commonwealth of Australia, a relevant State or Territory and upon notice to SABA of the permission? 4. Do you undertake to practice exclusively as counsel in your local jurisdiction so long as you remain a member of SABA? 5. Do you agree to advise SABA in writing within 30 days in the event of your ceasing to practice exclusively as Counsel?

22 6. Have you ever been struck off or suspended from the practice of law in any jurisdiction in Australia or in any jurisdiction in which 22 you have practiced Law outside Australia? If yes, please give details: 7. Do you agree to advise SABA within 7 days if you are either struck off or suspended from the practice of law in any jurisdiction in any jurisdiction in which you have practised within Australia or outside Australia? 8. Is there any present limitation on your right to practice law in this State, Interstate or within the Commonwealth of Australia (other than identified under the Practising Certificate Details above)? If yes, please give details: 9. Are you presently subject to any professional disciplinary action or proceedings, or aware of any reason to suspect that any professional disciplinary action or proceedings might be taken against you? If yes, please give details: 10. Do you agreed to advise SABA immediately upon becoming aware of any professional disciplinary action or proceedings being taken against you?

23 SECTION H: FURTHER DECLARATIONS (ALL Applicants) Have you read and understood, and do you agree to be bound by the Constitution of SABA as amended from time to time? 2. Do you undertake to abide by the rulings of SABA made in accordance with the SABA Constitution? 3. Do you hereby authorise and consent to SABA, by any office bearer of SABA duly authorised by the Membership Committee, to make such enquiries, for the purpose of this application or as may be reasonably indicated from time to time during the currency of your membership, of any professional association of which you are currently a member or were formerly a member, regarding your standing and reputation as a member or former member of such association? 4. Do you acknowledge that in the event of your failure to pay your SABA subscription fees within 60 days of being invoiced, your membership of SABA may be cancelled or suspended, and SABA may recover the unpaid fees from you as a debt together with interest at the rate of 10% per annum on any outstanding subscription fees (unless you have made prior arrangements in writing for payment on terms acceptable to SABA)? 5. To the best of my knowledge and belief I have answered all applicable parts of this Application truthfully.

24 24 DATED Signed by.... The Applicant Witnessed by Name Address Updated: 10/03/2017